Gold and Copper Resources Pty Limited v The Hon. Chris Hartcher MP, Minister for Resources and Energy, Special Minister of State, Minister for the Central Coast and Newcrest Operations Limited [2013] NSWLEC 166

Gold and Copper Resources Pty Limited v The Hon. Chris Hartcher MP, Minister for Resources and Energy, Special Minister of State, Minister for the Central Coast and Newcrest Operations Limited [2013] NSWLEC 166

Leave to amend the points of claim was granted to the applicant, except for one paragraph ([107]) relating to expansion of the knowledge element. The amended pleadings were considered sufficiently articulated and the grounds fairly arguable. The interlocutory orders set a timetable and imposed costs arrangements tied to the outcome of the fourth ground at trial.

Parties
Applicant: Gold and Copper Resources Pty Limited; First Respondent: The Hon. Chris Hartcher MP, Minister for Resources and Energy, Special Minister of State, Minister for the Central Coast; Second Respondent: Newcrest Operations Limited
Jurisdiction
Australia
Judgment Date
12 September 2013
Procedural Posture
Judicial Review / Interlocutory (leave to Amend Points of Claim)
Outcome
Leave to amend points of claim granted (except paragraph [107]); interlocutory case management orders made; costs directions confirmed.
Legal Topics
Leave to Amend Pleadings, Judicial Review, Exploration Licence Renewal, False and Misleading Representations, Case Management
Administrative Law Mining Law Environmental Law Leave to Amend Pleadings Judicial Review Exploration Licence Renewal False and Misleading Representations Case Management

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Parties

Gold and Copper Resources Pty Limited

Applicant

The Hon. Chris Hartcher MP, Minister for Resources and Energy, Special Minister of State, Minister for the Central Coast

First Respondent

Newcrest Operations Limited

Second Respondent

Procedural Posture

Judicial Review / Interlocutory (leave to Amend Points of Claim)

Legal Issues

  1. 1 Whether leave should be granted to amend points of claim to add grounds challenging the renewal of an exploration licence, including allegations of false and misleading representations

Ratio Decidendi

Leave to amend the points of claim was granted to the applicant, except for one paragraph ([107]) relating to expansion of the knowledge element. The amended pleadings were considered sufficiently articulated and the grounds fairly arguable. The interlocutory orders set a timetable and imposed costs arrangements tied to the outcome of the fourth ground at trial.

Court Disposition

Leave to amend points of claim granted (except paragraph [107]); interlocutory case management orders made; costs directions confirmed.

Orders

  • The applicant granted leave to rely on further amended points of claim (except [107]).
  • Applicant to file and serve further amended points of claim by 4pm 12 September 2013.